This action might not be possible to undo. Are you sure you want to continue?
check for errors >
JURISDICTION IN GENERAL
Jurisdiction In General
The word JURISDICTION is derived from 2 Latin words: 1.) JURIS – law; 2.) DICO – to speak, or to say. So, in effect, when you say jurisdiction, literally translated, it means, “I speak by the law.” It means that you are saying “I speak with authority” because when you invoke the law, then your act is authorized. Even in old times when the representatives of the king or the sovereign will try to arrest somebody or will try to enter your house, they open up in the name of the law. They will always invoke “in the name of the law.” So when you say, “I speak by the law” I will do it in the name of the law. It connotes authority or power. You cannot be wrong. How can you be wrong if you are doing it in the name of the law? So more or less jurisdiction simply means authority or power. So more or less that is the whole concept of jurisdiction. It simply means authority or power. That is precisely what jurisdiction is all about. JURISDICTION simply means the power of the court to hear try and decide a case. In its complete aspect, jurisdiction includes not only the powers to hear and decide a case, but also the power to enforce the judgment. (14 Am. Jur. 363-364) Q: What is the effect if the court has no jurisdiction? A: If a court has no jurisdiction, it has no power or authority to try a case and that is a concept you already know in Criminal Procedure. Without jurisdiction, the trial is null and void as well as the judgment. Let’s go to a criminal case. Can you file an information for murder before the MTC? Or can you file an information for slight physical injuries before the RTC? There is something wrong there. If a slight physical injury case is filed against you in the RTC, what will you do? If I’m the lawyer of the accused why will I allow my client to be arraigned and to be tried when everything is null and void. Kapoy-kapoy lang ako. So I’ll file a motion to quash under Rule 117. That’s the same thing in civil cases. If you file a civil case before a court that has no jurisdiction, then it can be dismissed for lack of jurisdiction. JURISDICTION vs. EXERCISE OF JURISDICTION Now, let us not confuse jurisdiction with certain terms related to it. Q: Distinguish jurisdiction from exercise of jurisdiction. A: The authority to decide a case, not the decision rendered, is what makes up jurisdiction. It does not depend upon the regularity of the exercise of that power or upon the rightfulness of the decision made. Where there is jurisdiction over of the person and subject matter, the resolution of all other questions arising in the case is but an exercise of jurisdiction. (Herrera vs. Barreto, 25 Phil. 245) In other words, JURISDICTION is the authority. If I have no authority, I cannot act. And if I have authority, I can act. Now, if the court has authority, it will try the case and render judgment. Now, what the court will do later, like try the case and render judgment is merely an EXERCISE OF ITS JURISDICTION. So the trial and judgment are all products of the exercise of jurisdiction. You cannot talk of exercise without having first the authority. It is a useless procedure when you say “I will exercise something which I do not have.” Q: Why is it important to distinguish jurisdiction from exercise of jurisdiction?
this is not a requirement for the crime. when a court has no jurisdiction but insists in handling the case. The importance. suppose a court has jurisdiction over the case but the decision is wrong – it applied the wrong provision of the law. Do you say the decision of the judge is null and void? NO. it is still an error. meaning from the very start mali na. as we will see later. A court can commit an error which is either an error of jurisdiction or an error of judgment. files a motion to quash because MTC has no jurisdiction over cases of murder. it can be corrected by a higher court. 8 . The accused. So. that is a mistake by the trial court. And the accused was convicted but actually tingin mo mali man ito. the judge has decided to assume jurisdiction. a court acting as such may commit errors or mistakes. Now what do you call that? When the court without authority assumes authority over the case that is called ERROR OF JURISDICTION – the court committed an error of jurisdiction. A: The following are the distinctions: 1.The 1997 Rules of Civil Procedure 2002 Edition < DRAFT COPY. Pls. But in the exercise of its jurisdiction. the court misinterpreting the provision of the RPC saying that this is a requirement. check for errors > Jurisdiction In General A: Definitely. This is now what you call an error of judgment. whereas. This is not an error of jurisdiction because the court has authority. I have jurisdiction. or interpretation of evidence. ERROR OF JURISDICTION vs. If it is an error. whereas. ERRORS OF JUDGMENT are reviewable by appeal. So.) ERRORS OF JURISDICTION are reviewable by certiorari. It is called an error of jurisdiction. you cannot avoid mistakes being committed like for example. the judgment is valid kaya lang mali. When a court takes cognizance of a case over the subject matter of which it has no jurisdiction. this elements was not considered or this element was considered as present. So walang mali. Actually. But in the course of the trial. it committed several errors. EXAMPLE: A case of murder was filed in the MTC. you do not say the court committed an error in the exercise of jurisdiction. Q: What is the use of distinguishing error of jurisdiction from error of judgment? A: The difference is in the remedy taken. Now. ‘yong judge iba man ‘yong libro niya. 2. Errors which the court may commit in the exercise of such jurisdiction are merely ERRORS OF JUDGMENT. the court commits an ERROR OF JURISDICTION. Meaning. everything is correct. and that is called an ERROR OF JUDGMENT.) When a court acquires jurisdiction over the subject matter. Ken Sur.” So the court denied the motion to quash. And that was also asked in the bar. Meaning misapplication or misinterpretation of the RPC as well as misinterpretation of the rules of evidence – wrong interpretation of the law. Meaning. That is why the action of the court can be questioned later in a higher court. EXAMPLE: Suppose the case for murder is filed in the RTC where the court has jurisdiction. however. ERROR OF JUDGMENT BAR QUESTION: Distinguish ERRORS OF JURISDICTION from ERRORS OF JUDGMENT. Eh. is that there is a definite procedure for correcting a mistake and other procedures which we will know later where the court commits an error of judgment and an error of jurisdiction. di ba! Under the law. the decision or order on all other questions arising in the case is but an exercise of jurisdiction. “No.
So. I can question its actuation not necessarily by appeal. Geronimo. GENERAL JURISDICTION and SPECIAL OR LIMITED JURISDICTION a. 249. can that case later be transferred and continued in Branch 9? A: Ah YES. We do not consider branches as separate courts. real. 1. These are basic terms which you should remember. where it insists on handling a case when it has no authority. but by resorting to “extraordinary remedies. (Tagumpay vs. criminal.) Exclusive Jurisdiction and Concurrent or Coordinate Jurisdiction. April 28. the remedies given by the law are different.The 1997 Rules of Civil Procedure 2002 Edition < DRAFT COPY. whether civil. Kelly. Kelly. not by certiorari because certiorari is only confined to correcting errors of jurisdiction or grave abuse of discretion. TYPES OF JURISDICTION: Types of jurisdiction: 1. 34 Cal. 391) b. (14 Am. the trial may be had or proceedings may continue before another branch or judge. Q: In whom is jurisdiction is vested? A: Jurisdiction is vested with the court. Jur.. 1959) EXAMPLE: The RTC of Davao is composed of several branches – eleven to twelve judges.” which refer to the remedy of CERTIORARI or PROHIBITION.) General Jurisdiction and Special or Limited Jurisdiction. The governing rule is that the remedy of certiorari is not available when the remedy of appeal is available. administrative. you cannot revive it by resorting to certiorari because certiorari is not a substitute for the lost remedy of appeal. when a case is filed before a branch. because you never leave the same court. So. This is because jurisdiction is not with the judge. 735) The principle came out in the bar. Moscoso. Q: Now.) SPECIAL or LIMITED JURISDICTION is the authority of the court to hear and determine particular cases only. and each is not a court distinct and separate from the others. if the judgment is wrong.) Original Jurisdiction and Appellate Jurisdiction. Commonwealth Ins. Nocon vs. 101 Phil. May 29. 2. 34 Cal. L-14723. But technically. 249. (Araneta vs. L-11584. This error should have been raised on ordinary appeal. A court may have several branches. You are still in the same court. 391) 9 . it is a valid judgment. Its power is limited. and 3. Your remedy is to APPEAL the wrong judgment to a higher court. Pls. check for errors > Jurisdiction In General In error of judgment. if the case is filed and is assigned to Branch 8. And when the remedy of appeal is lost. But when a court commits an error of jurisdiction. not in the judge. Hahn vs. It is with the court itself. Hahn vs. Jur. personal or mixed. (14 Am. Co. 1958.) GENERAL JURISDICTION is the authority of the court to hear and determine all actions and suits. there is only one court – the RTC of Davao. It is very broad – to hear and try practically all types of cases.
It is now in the CA and you are now invoking its appellate jurisdiction. pp.) APPELLATE JURISDICTION is the power vested in a superior court to review and revise the judicial action of a lower court. Now this is what you call CONCURRENT jurisdiction because you can file the case in two courts or more at your choice. check for errors > Jurisdiction In General So. Very narrow bah because it is a court of limited or special jurisdiction. Pls. in civil cases you will see that the jurisdiction of some courts like the RTC. 1318. 12. out na yong #1 and #2. if you file a civil case to collect an unpaid loan below P200. out na ang court #1 and court #3. 91 and 917) If one court has the power to correct the decision of a lower court. It does not share its power with other courts.) CONCURRENT or COORDINATE JURISDICTION is that possessed by the court together with another or other courts over the same subject matter. It covers many things whereas the jurisdiction of the MTC. studying the jurisdiction of the different courts.) EXCLUSIVE JURISDICTION is that possessed by a court to the exclusion of all others. pp. the power of this court is appellate. Therefore the jurisdiction of the MTC is EXCLUSIVE. he looks at the law and the law says that you can file it in this court or. so Maya decided to appeal the decision of the RTC to the CA. And when you go over the Judiciary Act. If he files it in court #3..G.) ORIGINAL JURISDICTION is the power of the court to take cognizance of a case at its inception or commencement. (Villanueva vs. masyadong far ranging. 1962) Example: Thaddeus Tangkad wants to file a case or petition in court. 3. Q: Sugar JJ filed a collection case against John Vera. Ortiz. EXAMPLE: Maya Quitain will file a civil case in the RTC and that court will take cognizance and try it. 2. the court obtaining jurisdiction first retaining it to the exclusion of the others. b. Feb. Can Sugar JJ file it in the RTC? A: NO. b. 10 . Then. the court is authorized to hear and try certain specified cases. Maya lost the case..000. kung ayaw mo diyan. After trial. Limitado pa ang power niya..The 1997 Rules of Civil Procedure 2002 Edition < DRAFT COPY. (Ballentine’s Law Dict. ORIGINAL JURISDICTION and APPELLATE JURISDICTION a. and it assumes now jurisdiction.000. makipot. but the choice of court is lodged in those persons duly authorized to file the action.. You are invoking the original jurisdiction of the RTC. 58 O. diyan or doon – Thaddeus Tangkad can file it in this court or in other courts. The judiciary law says. Therefore. So if Thaddeus files it in court #2. puwede din dito. 2nd Ed. 2nd Ed. (Ballentine’s Law Dict. The case is now there. for an unpaid loan of P5. This is because it commenced somewhere else and it is just reviewing the decision of the said lower court. you should file it with the MTC. 91 and 917) One can file the case there for the first time. EXCLUSIVE JURISDICTION and CONCURRENT OR COORDINATE JURISDICTION a. he has the right to choose where to file.
Jurisdiction over the subject matter. In civil cases meron din iyong counterpart.) Jurisdiction over the person of the parties to the case. action reivindicatoria. and the third is territorial jurisdiction. what happens if in a particular case one of these is missing? A: The proceedings become questionable. 291) In other words. The judgment is not binding. Kung gusto mo sa CA. Ito palang CA also has original jurisdiction. Annulment cases should be filed in the RTC otherwise it will be dismissed for lack of jurisdiction over the subject matter. A: Jurisdiction over the subject matter is the power of the court to hear and determine cases of the general class to which the proceedings in question belongs. check for errors > Jurisdiction In General Now. Q: What are the elements of jurisdiction in civil cases? A: The following: a. Makapili ka. I-file mo SC. it is the jurisdiction over the nature of the action. Q: How is jurisdiction over the subject matter acquired or conferred? 11 . Kung i–file mo sa RTC. there are also some elements of jurisdiction in criminal cases. you know already the various types of civil cases such as actions for nullity of marriage.) Jurisdiction over the issues. The proceedings become void.The 1997 Rules of Civil Procedure 2002 Edition < DRAFT COPY.g. Palanca. Now. the case should be filed in the place where the crime was committed. CA and RTC exercise concurrent jurisdiction.g. Alright. The counterpart of that in Criminal law is e. Otherwise. c. The SC. last time we were classifying courts and you learned that the SC is meron palang original jurisdiction. ELEMENTS OF JURISDICTION IN CIVIL CASES In your study of criminal procedure where you also studied the law on jurisdiction. where will you file it? It should not be filed in the wrong court or else it will be dismissed. let’s go over them one by one. action publiciana. That is the effect of lack of jurisdiction. puwede. offenses punishable by death penalty cannot be tried with the MTC. the proceeding will be illegal.) Jurisdiction over the subject matter . The proceedings are tainted with illegality and irregularity. This is what we call the NATURE OF THE ACTION. Q: Now. Now. puwede. A. if the nature of the subject matter of the action. and d. CA and RTC share concurrent jurisdiction to entertain petitions for habeas corpus. Jurisdiction over the person of the accused. e. these are the instances when the SC.e. Q: Are there certain types of cases or petitions where I can file it directly with the SC or file with the CA or file it with the RTC? A: YES and the best example is a petition for HABEAS CORPUS. 37 Phil. Ang RTC obviously is more of an original court than an appellate court. b. puwede din. JURISDICTION OVER THE SUBJECT MATTER Q: Define jurisdiction over the subject matter. annulment of marriage. (Banco Español-Filipino vs.) Jurisdiction over the res. i. In effect. Pls. etc.
as laid down in tile TIJAM vs. or (3) by his voluntary surrender. 27. A: Jurisdiction over the person is the power to render a personal judgment through the service of process or by voluntary appearance of a party during the progress of a cause. Jurisdiction is conferred by law. suppose I want to file a case against you and under the law that should be filed in the RTC. Q: How is jurisdiction over the subject matter determined? A: It is determined by the allegations of the complaint. BUT the rule is. Estoppel or waiver or silence or failure to object cannot vest jurisdiction in the wrong court because jurisdiction over the subject matter is conferred by law.The 1997 Rules of Civil Procedure 2002 Edition < DRAFT COPY. 1962. because the court has not acquired jurisdiction over his person. (Cardenas vs. we sign an agreement. It does not depend upon the pleas or defenses of the defendant in his answer or motion to dismiss. Ikaw naman hindi ka kumibo. it can be raised at any stage of the proceeding even for the first time on appeal. (2) by service of the warrant of arrest. Q: Now. not by agreements of the parties. when I have no jurisdiction?” The ONLY exception is when there is estoppel by laches. The issue of jurisdiction was not questioned for an unreasonable length of time. Palanca. doon sa MTC natin i-file. Serrano vs.) But hindi ka nagkibo “Sige lang. Nell Co. nagsibat? Bahala ka i- 12 . 1962) It cannot be acquired by an agreement between the parties. 1968). suppose I will file a case against you in a wrong court. can the court try an accused without the accused being arrested? A: Of course not. It is acquired by or conferred to the court by law – either the Constitution or the Judiciary Law. SIBONGHANOY (April 15. how does the court acquire jurisdiction over the person of the accused? A: By having him (1) arrested.” “O sige. JURISDICTION OVER THE PERSON Q: Define jurisdiction over the person. agreements between parties cannot change the law. 291) Q: In criminal cases. The parties cannot agree to have the case submitted to another court. And when the court has no jurisdiction. Gen. May 30. check for errors > Jurisdiction In General A: Jurisdiction over the subject matter is conferred by law and is never acquired by consent or submission of the parties or by their laches. waiver. Nov. the court by itself has the power to dismiss.” So is it okey? Since you did not object. After na-arrest. But both of us believe that the judges of the MTC like Judge Cañete knows more. Jurisdiction over the subject matter cannot be agreed upon. 1967) B. 37 Phil. he is more competent than the other judge there. Did the MTC acquire jurisdiction over the case because the parties agreed? A: NO. L-18023. Camus. “Why will I burden myself for trying a case. magpirmahan tayo that we will file the case by agreement in the MTC. Q: Even if he is not arrested. July 30. And even the parties may not raise it. L-20842. the court motu propio has the authority to dismiss it. Vinson. 20 Phil. June 23. Edward J. Then puwede siyang mag-bail kung gusto niya. Q: Now. vs. “Maganda siguro dito na lang tayo sa MTC. failure to object (silence). L-19191. 523. 1965. naglayas. Otibar vs. Arestuhin mo muna. Cubacub. did the ‘wrong’ court acquired jurisdiction over the case? A: NO.” By agreement. Pls. I will not complain. you did not file a motion to quash. Actually what you should do there is file a motion to dismiss (or in criminal cases a motion to quash. (MRR Co. you did not file a motion to dismiss. Jurisdiction cannot be conferred by silence of the parties or by waiver. vs Atty. Muñoz Motors. This is a matter of legislative enactment which none but the legislature can change. (Banco Español-Filipino vs. L-25547.
So if the defendant was never served with summons.The 1997 Rules of Civil Procedure 2002 Edition < DRAFT COPY. (MRR Co. and the DEFENDAN'T – the one being sued. It must be that the court must acquire jurisdiction over this person. by effecting the arrest of the accused by virtue of a warrant. 20 Phil. the decision will not bind the parties over whom the court has not acquired jurisdiction. 13 . You must arrest him and arraign him first. Gen. how can the warrant of arrest be effected? A: Once an information has been filed in court. the court issues a warrant. The warrant cannot have its effect even if it was issued. Upon filing his complaint in court. Then.e. check for errors > Jurisdiction In General try in absentia. The court acquires jurisdiction by ENFORCEMENT OF SERVICE for effective arrest of the accused pursuant to the warrant of arrest. you must first arrest him. Pls. if the same had not been served.) by his voluntary submission to the jurisdiction of the court. vs Atty. Q: In criminal cases. we are referring to the PLAINTIFF – the one suing. The same principle holds true in criminal cases. A court cannot try and convict an accused over whose person the court never acquired jurisdiction. What is the use of rendering a decision if the parties are not bound? It must have effect. bakit ka naglayas? Pasensiya ka! That’s the concept of trial in absentia. or 2. i. Even if he is the loser in the case. when we say jurisdiction over the parties. vs Atty. Q: How does the court acquire jurisdiction over the plaintiff? A: Jurisdiction over the person of the plaintiff is acquired from the moment he files his complaint. You cannot try him without being arrested. Gen. he is automatically within the jurisdiction of the court.” Eh. I was not able to confront and cross-examine the witness against me. In criminal cases. There will be a valid decision because the court has already acquired jurisdiction. ka diretso ka na sa prisuhan. Otherwise. Of course we cannot enforce the decision until we caught him. That is why jurisdiction over the parties is the power of the court to render a personal judgment which will bind the parties to the case. For the decision to be valid. Normally. the court must obtain jurisdiction over the person of the plaintiff and the defendant. “I was not able to give my side. judgment cannot be enforced because the court did not acquire jurisdiction over his person.) upon service on him of coercive process in the manner provided by law. the court acquires jurisdiction over the person through the issuance of a warrant of arrest. any judgment rendered by the court will not bind him. 523) Q: How does the court acquire jurisdiction over the defendant? A: Jurisdiction over the person of the defendant is acquired: 1. (MRR Co. 523) First Instance: UPON SERVICE ON HIM OF COERCIVE PROCESS IN THE MANNER PROVIDED BY LAW The first instance when a court acquires jurisdiction over the person of the defendant is through a service upon him of the appropriate court process which in civil law is called service of summons. The same thing in civil cases. You say. 20 Phil. But for trial in absentia to proceed in criminal cases. This is the counterpart of warrant of arrest in criminal procedure. Pero pagnahuli. the arresting officer will arrest the accused.
14 . (Banco Español-Filipino vs. vs. the case may go on. Did the court acquire jurisdiction over the person of the defendant? A: YES. Q: However. (MRR Co. or consent. What is the res? A: The res is the status of the child because it is the object of the litigation. 523) C. 523) This is unlike the jurisdiction over subject matter wherein the case could be dismissed upon filing in the wrong court. What is the res of the case? A: The piece of land is the res of the case. and is obtained by seizure under legal process of the court whereby it is held to abide such order as the court may make. he did not question the jurisdiction of the court despite the defective service of court process. 20 Phil. 291) Q: A and B quarreled over a piece of land. jurisdiction over the res becomes a substitute over the person. or c. whereas jurisdiction over the subject matter cannot be cured by failure to object or by silence. the jurisdiction over your person was acquired by waiver.” Q: Define jurisdiction over the res. But if the court acquires jurisdiction over the res. The SC said that when you remained silent despite the defects.) waiver. For example. Thus. Even if the court cannot acquire jurisdiction over the person of the defendant. 37 Phil. But instead. A: Jurisdiction over the res is that acquired by the court over the property or the thing in contest. because jurisdiction over the person can be acquired by: a. In civil cases. Gen. he could question the jurisdiction of the court over his person. check for errors > Jurisdiction In General Second Instance: BY HIS VOLUNTARY SUBMISSION TO THE JURISDICTION OF THE COURT Another way to acquire jurisdiction over the person of the accused even if the accused is not arrested is through VOLUNTARY SURRENDER. Atty. it is the voluntary submission of the defendant to the jurisdiction of the court. Since there is no more need for the warrant.) lack of objection by the defendant. waiver or consent. There are instances when the court cannot acquire jurisdiction over the defendant like when he is abroad. Q: Defendant was served with summons improperly or irregularly therefore. Gen. or lack of objection. Atty. the court will recall the same. Meaning. she filed a case against her father for compulsory recognition.The 1997 Rules of Civil Procedure 2002 Edition < DRAFT COPY.) consent. Q: Distinguish jurisdiction over the subject matter from jurisdiction over the person of the defendant? A: Lack of jurisdiction over the person of the defendant may be cured by waiver. (MRR Co. Palanca. Weng Kolotski is an illegitimate child. res may not be tangible. vs. Q: Why is jurisdiction over the res important? A: Sometimes it is a substitute for jurisdiction over the person. b. silence or failure to object. JURISDICTION OVER THE RES RES is the Latin word for “thing. Pls. She wants to be acknowledged by her father. your silence has cured the defect. consent. 20 Phil.
Now where did the court get that? Your defense is payment.The 1997 Rules of Civil Procedure 2002 Edition < DRAFT COPY. Rule 6. So that is the issue. then acquisition of jurisdiction over the res confers jurisdiction to the court even if the defendant is abroad. The court should only rule on what the parties claim. So the court never acquired jurisdiction over the issue.” Q: Now what is the issue? A: The issue is. The case was decided on an issue that was not even raised by the parties. 484) Q: What are pleadings? A: They are governed by Rule 6. The res here is where the judgement can be enforced. That is what we call jurisdiction over the issue.Pleadings are the written allegation of the parties of their respective claims and defenses submitted to the court for trial and judgment. I already paid him. whether the obligation still existing or is it already extinguished by payment. JURISDICTION OVER THE ISSUES Q: Define jurisdiction over the issues. Now according to your answer. you never paid him. That is a pleading. That is why in Rule 14. there is an extra-territorial service of summons. and the decision now it was extinguished by condonation. we will now know what they are quarreling about. A: Jurisdiction over the issue is the authority to try and decide the issues raised by the pleadings of the parties. So Paloy will file a complaint in court. 73 Phil. But based on a SC ruling. EXAMPLE: Francis “Paloy” Ampig will sue you to collect a loan. So. Based on what Paloy said in his complaint and your answer. Is the decision correct? A: The decision is WRONG because the parties did not raise condonation as the issue. D. In other words. Q: Suppose after the trial. 15 . So you prepare your answer in writing in court and that is also called a pleading. Section 1 . the court is supposed to rule on the issue raised and not those not raised by the parties. Diaz. In a civil case. the parties before the trial file in court pleadings. the extra-territorial service of summons is not for the purpose of acquiring jurisdiction over the person of the defendant but is merely how to comply with the due process clause. Pls. For example: Paloy says you borrowed money. the court should only rule on what the parties raised in their pleadings. So that is where we will know what we will try in this case. That is where you state your position. “No. the court said that the obligation has been extinguished by condonation. (Reyes vs. check for errors > Jurisdiction In General EXAMPLE: Even if the defendant is a non-resident who is out of the country and the object of litigation is here in the Philippines. You say that you do not owe him anything because you already paid him. Then you have to answer Paloy’s complaint in court.
the person. check for errors > Jurisdiction In General Take note that jurisdiction over the issues in civil cases is acquired after defendant has filed an answer. you are summoned. a. Pls. In criminal cases.In Manila MTCC. One is acquired upon filing of the complaint and the other one is acquired after the filing of the answer by the defendant. Q: Distinguish jurisdiction over the subject matter and jurisdiction over the issues.) Regular courts SUPREME COURT COURT OF APPEALS REGIONAL TRIAL COURTS MetTC MTCC MTC MCTC Note: MetTC. bayad na. the court has acquired jurisdiction over the subject matter.municipalities such as Digos.) Jurisdiction over the subject matter is the power to hear and try a particular case. EXAMPLE: I am the plaintiff.The 1997 Rules of Civil Procedure 2002 Edition < DRAFT COPY. Panabo MCTC. while Jurisdiction over the issues of the case is acquired upon filing of the answer which joins the issues involve in the case.) Jurisdiction over the subject matter is acquired upon filing of the complaint. For a decision to be effective. These are: 1. Court of Tax Appeals (RA 1125) 16 . From the moment I file the case. Now. the res in case the defendant is not around. File ka naman ng sagot mo. A: The following are the distinctions: 1. Davao MTC.) Special courts There are also Special Courts which are also considered part of the judiciary. and the last is jurisdiction over the issue. jurisdiction over the issues is acquired upon filing of a complaint.circuitized areas because it is impractical and expensive to maintain one MTC in every municipalities. the court must acquire the jurisdiction over the subject matter. Cebu. 2. “Wala akong utang.” Then the court has now acquired jurisdiction over the issue.cities outside Manila e. b. while Jurisdiction over the issues is the power of the court to resolve legal questions involved in the case. I will file a case in court to collect an unpaid loan.g. HIERARCHY OF THE COURTS In the 1996 BAR: One of the questions in Remedial Law was: State the hierarchy of the Courts in the Philippines.
also known as the Code of Muslim Personal Law).The 1997 Rules of Civil Procedure 2002 Edition < DRAFT COPY. Sharia District Courts and the Sharia Circuit Courts (PD 1083 . Pls. 4. 17 . Family Courts We are concerned only of the jurisdiction of the REGULAR COURTS. check for errors > Jurisdiction In General 2. Sandiganbayan (PD 1486 as amended) 3.
This action might not be possible to undo. Are you sure you want to continue?
We've moved you to where you read on your other device.
Get the full title to continue reading from where you left off, or restart the preview.